Relocation is a significant concern in Family Law. After a separation, it is quite common for a parent to decide to move away and begin their new chapter in a new location. However, it becomes messy when parenting arrangements have not been formalised.
Below is a case study looking at how the law can protect your relationship with your child in the event of a relocation.
The situation
Peter and Kate have a child together aged 5. They have separated but do not have a formal agreement in place as to how they will spend time with their child. Kate is now in a new relationship. Peter finds out that Kate has moved with their child to be closer to her new partner.
The problem
Kate has relocated the child away from Peter. Since they do not have consent orders in place, Peter cannot file a contravention order against Kate.
The outcome
Peter urgently puts on an Initiating Application requesting that either Kate move back or (more likely) that Kate be ordered to facilitate Peter spending time with their child. This involves drafting an affidavit and other supporting documents.
The implications
Firstly, always get consent orders to ensure you have a method of recourse should one party relocate without indicating their intent to do so. However, if you do not have consent orders, it is important that you respond quickly. Though the court process is slow, it can ultimately bring positive outcomes.
If you have further questions, please contact James Frank at jfrank@franklaw.com.au
This is not legal advice.